Due Process and the Courts
Supreme Court Makes It Harder for Green Card Holders to Get Relief From Deportation
In a 5-4 decision on April 23, the U.S. Supreme Court expanded the types of criminal offenses that bar green card holders from seeking a form of relief from deportation. The case, Barton v. Barr, is about who is eligible to apply for a form of… Read More
It’s Time to Close the Immigration Courts
As the novel coronavirus (COVID-19) spreads and entire states go into quarantine, immigrants and their attorneys are still being forced to gather in cramped immigration courtrooms inside detention centers around the country. These hearings pose an obvious public health risk and run contrary to the government’s own recommendations regarding social… Read More
The Department of Justice is Restructuring Immigration Courts in Secret
The Trump administration has steadily implemented initiatives to restructure the immigration court system without providing much information to the public. The lack of government transparency around these changes is especially important because they compromise fairness in the courts. The Department of Justice (DOJ) oversees the Executive Office for Immigration Review… Read More
Judge Voids USCIS Asylum Policies Because Ken Cuccinelli Wasn’t Appointed Legally
The Trump administration suffered another blow on Sunday, when a federal judge in Washington D.C. ruled that Ken Cuccinelli was unlawfully appointed to the role of acting director of U.S. Citizenship and Immigration Services (USCIS). The ruling voids two asylum policies Cuccinelli had signed off on. Read More
Supreme Court Rules Parents of Slain Teenager Can’t Sue Border Patrol Agent Responsible for His Death
The Supreme Court affirmed the dismissal of a lawsuit seeking damages from a U.S. Border Patrol agent who shot and killed a teenager across the U.S.-Mexico border. With this latest decision in the Hernandez v. Mesa case, the Court removed an important check on an agency… Read More
Judge Stops DHS From Arresting US Citizens’ Foreign Spouses During Marriage Interviews in Maryland
The U.S. Department of Homeland Security (DHS) has been targeting U.S. citizens’ foreign spouses when they apply for legal immigration status. Earlier this month, a federal judge in Maryland put a halt to this practice. For the past few years, couples attending interviews about their marriages sometimes faced a terrible… Read More
How Will Conditions in Border Patrol Facilities Change Now That a Judge Has Ruled Them Unconstitutional?
A federal court found on Wednesday that U.S. Border Patrol may not detain migrants held in its facilities in Arizona’s Tucson Sector longer than 48 hours without providing for their “basic human needs.” This includes providing beds, blankets, food, water, personal hygiene, and medical care. Federal Judge Bury determined the… Read More
These Humanitarian Aid Workers’ Convictions Were Overturned. Here’s How It Sets Precedent for Future Protection.
A federal judge in Arizona reversed convictions of four volunteers of the humanitarian aid group No More Deaths last week. No More Deaths is an Arizona-based group that works to end death and suffering for people crossing the U.S.-Mexico border. In the summer of 2017, the… Read More
USCIS’ Change to How ‘Unlawful Presence’ Is Calculated Is Defeated in Court
A federal district court stopped U.S. Citizenship and Immigration Services (USCIS) from drastically changing how the agency determines when a foreign student or exchange visitor is “unlawfully present” in the United States. “Unlawful presence” is defined by law as any time a foreign national spends in the United States after… Read More
Conditions in Border Facilities Deny Asylum Seekers Meaningful Screening Interviews
In U.S. Customs and Border Protection (CBP) custody, asylum seekers are detained in horribly cold and overcrowded facilities, unable to sleep, without access to food, water, or adequate medical care, and without access to an attorney. Under two new government processes—the Prompt Asylum Claim Review (PACR) and the Humanitarian Asylum… Read More
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